By purchasing an item from LivinRV, you hereby agree to all terms and conditions of trade set forth by LivinRV.
DEFINITIONS
1.1 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Seller to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
1.2 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including “Personal Information”), and pricing details.
1.3 “Contract” means these terms and conditions, together with any quotation, order, invoice or document expressed to be supplemental to this Contract.
1.4 “Cookies” means small data files used on the Seller’s website for functionality and tracking. Clients can choose to disable cookies through browser settings.
1.5 “Goods” means all Goods or Services supplied by LivinRV to the Client, as requested.
1.6 “GST” refers to Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.7 “Price” means the agreed price (plus GST where applicable) for the Goods and/or Services.
1.8 “Seller” refers to LivinRV, its successors and assigns, or any party acting on its behalf and with its authority.
ACCEPTANCE
2.1 The Client is deemed to have accepted and agreed to these terms by placing an order or accepting delivery of the Goods.
2.2 These terms override any prior terms or agreements unless otherwise stated in writing.
2.3 Amendments must be in writing and agreed by both parties.
2.4 Credit is subject to approval and a set credit limit. Orders exceeding the limit may be refused.
2.5 Advice given by LivinRV is in good faith and not liable unless acted upon without written confirmation.
2.6 If insurance is involved, the Client remains liable for payment regardless of claim outcome.
2.7 Electronic signatures are accepted under applicable legislation.
FINANCE
3.1 Contracts dependent on finance approval require written notice of loan approval within 5 business days.
3.2 If finance is declined, the Client must provide proof and may withdraw, less incurred expenses.
ERRORS AND OMISSIONS
4.1 LivinRV is not liable for unintended errors or omissions in documents or materials.
4.2 Clients are responsible for providing accurate information when ordering.
CHANGE IN CONTROL
5.1 The Client must provide 14 days’ notice of changes in ownership or contact details.
PRICE AND PAYMENT
6.1 Price is based on invoices, quotes, or current price list.
6.2 LivinRV may adjust pricing due to changes in availability, scope, or supplier costs.
6.3 Variations must be confirmed and paid upon completion.
6.4 A non-refundable deposit may be required.
6.5 Payment terms are determined by LivinRV and may include pre-payment, progress payments, or terms as per invoice.
6.6 Payment methods include EFT, credit card (surcharge may apply), and others by agreement.
6.7 Payments may be allocated at LivinRV’s discretion.
6.8 Disputed invoices must be flagged within 3 business days. Full payment is required unless otherwise agreed.
6.9 GST is in addition to the price unless stated otherwise.
DELIVERY OF GOODS
7.1 Delivery occurs when the Client or carrier takes possession or delivery is made to the nominated address.
7.2 Delivery costs may be additional.
7.3 Delivery may be split into installments.
7.4 Delivery must be accepted when ready.
7.5 LivinRV is not liable for late deliveries but will make reasonable efforts to meet timelines.
RISK
8.1 Risk passes to the Client upon delivery. Insurance is the Client’s responsibility.
8.2 Insurance proceeds are payable to LivinRV in case of damage before ownership transfer.
8.3 Goods left for unattended delivery are at the Client’s risk.
8.4 Temporary repairs are not guaranteed.
COMPLIANCE WITH LAWS
9.1 Both parties must comply with applicable laws and regulations.
9.2 Failure to follow care instructions voids liability for resulting damage.
TITLE
10.1 Title passes only when full payment is made and obligations are fulfilled.
10.2 Non-cash payments are not deemed complete until cleared.
10.3 Until title passes:
PERSONAL PROPERTY SECURITIES ACT 2009 (PPSA)
11.1 This Contract constitutes a security agreement.
11.2 LivinRV may register its interest in Goods and proceeds.
11.3 The Client agrees to:
11.4 PPSA exclusions apply to certain sections.
11.5 Client waives rights to receive some notices under PPSA.
11.6 Verification statements may be withheld unless agreed.
SECURITY AND CHARGE
12.1 The Client charges its assets to secure obligations under this agreement.
12.2 The Client indemnifies LivinRV for enforcement costs.
12.3 The Seller may act as attorney to effect required documentation.
DEFECTS, WARRANTIES, RETURNS, & CONSUMER LAW
13.1 Goods must be inspected upon delivery. Defects must be reported within 7 days.
13.2 Statutory guarantees under the Competition and Consumer Act 2010 (CCA) apply.
13.3 LivinRV does not exclude any rights under the CCA.
13.4 Warranties outside of CCA are limited.
13.5 Liability for defective goods is limited under section 64A if the Client is a consumer.
13.6 If replacement is not possible, a refund may be issued.
13.7 For non-consumers, warranty is limited or negated unless otherwise stated.
13.8 Subject to this clause, returns will only be accepted provided that:
13.9 Notwithstanding clauses 13.1 to 13.8, but subject to the Competition and Consumer Act (CCA), LivinRV shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
13.10 In the case of second-hand Goods, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity to inspect the second-hand Goods prior to Delivery and accepts them with all faults. To the extent permitted by law, no warranty is given by LivinRV as to the quality or suitability for any purpose, and any implied warranty, statutory or otherwise, is expressly excluded.
13.11 LivinRV may, in its absolute discretion, accept non-defective Goods for return. In such cases, LivinRV may require the Client to pay handling fees of up to thirty percent (30%) of the value of the returned Goods, plus any freight costs.
13.12 If LivinRV is required by law to accept a return, it will do so only under the conditions imposed by that law.
13.13 Subject to clause 13.1, customised, non-stocklist items or Goods made or ordered to the Client’s specifications are not acceptable for credit or return.
Intellectual Property
14.1 Where LivinRV has designed, drawn, or developed Goods for the Client, all copyright and intellectual property shall remain the property of LivinRV.
14.2 The Client warrants that all designs, specifications, or instructions provided to LivinRV will not cause infringement of any third-party rights and agrees to indemnify LivinRV against any related claims.
14.3 The Client agrees that LivinRV may use documents, designs, drawings, or Goods created for the Client for marketing or promotional purposes at no cost.
Default and Consequences of Default
15.1 Interest on overdue invoices shall accrue daily at 2.5% per calendar month, compounding monthly at LivinRV’s discretion.
15.2 The Client shall indemnify LivinRV for all costs incurred due to non-payment, including legal fees, admin costs, and recovery charges.
15.3 If any payment is reversed, the Client is liable for the amount of the reversal and associated costs if found to be illegal or fraudulent.
15.4 LivinRV may cancel orders and demand full payment if the Client becomes insolvent, exceeds credit limits, or fails to meet payment obligations.
Cancellation
16.1 If the Client breaches these terms, LivinRV may suspend or cancel supply and shall not be liable for any resulting losses.
16.2 LivinRV may cancel orders before delivery, providing written notice. Any payments received will be refunded.
16.3 If the Client cancels an order, LivinRV may retain the deposit or 10% of the order value (whichever is higher) and claim additional losses.
16.4 Orders for customised or non-stock items cannot be cancelled once production has commenced.
16.5 Orders cancelled due to declined finance (with proof) are eligible for a full deposit refund.
Privacy Policy
17.1 LivinRV treats all personal information as confidential and will manage it in accordance with the Privacy Act 1988 and GDPR where applicable.
17.2 Cookies and tracking technologies may collect personal data. Clients can manage consent through their browser settings.
17.3 Client information may be shared with credit providers for credit assessments, defaults, and repayment history.
17.4 The Client consents to LivinRV receiving credit reports for collection purposes.
17.5 Personal data may be used for providing Goods, assessing creditworthiness, processing payments, and collecting outstanding amounts.
17.6 LivinRV may provide data to credit reporting bodies (CRBs) for credit assessments and managing defaults.
17.7 Information shared with CRBs may include personal, credit, and account details.
17.8 Clients may request access to, correction of, or restrictions on their personal data via email.
17.9 LivinRV will destroy data no longer required unless legally obligated to retain it.
17.10 Complaints can be lodged via email and will be handled within 30 days. Unresolved complaints may be referred to the OAIC.
Unpaid Seller’s Rights
18.1 LivinRV may retain a lien over any items left for service until payment is made in full.
18.2 This lien continues even after legal proceedings have commenced.
Service of Notices
19.1 Notices will be deemed received when:
19.2 Notices by post are deemed delivered within the standard postal timeframe.
Trusts
20.1 If the Client is a trustee, they warrant that they have authority under the trust to enter into this agreement and will not jeopardise the Seller’s rights.
General
21.1 Any disputes will be first referred to mediation before litigation.
21.2 Failure to enforce any clause does not waive the right to enforce it later.
21.3 These terms are governed by the laws of South Australia.
21.4 LivinRV’s liability is limited to the price of the Goods.
21.5 LivinRV may assign or subcontract obligations without Client consent.
21.6 The Client must obtain written approval to assign their obligations.
21.7 Subcontracting does not relieve LivinRV of its responsibilities.
21.8 LivinRV may amend these terms by giving written notice to the Client.
21.9 Neither party is liable for force majeure events.
21.10 Both parties warrant they have authority to enter into this agreement.
21.11 This document constitutes the full agreement between LivinRV and the Client.
21.12 Rights and obligations survive completion of the transaction.